Terms of Use and Terms & Conditions of Sale

Date of last revision: October 1, 2017

IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF USE AND TERMS & CONDITIONS OF SALE BEFORE ACCESSING, USING, OR PLACING AN ORDER OVER WWW.BUBBLYBELLE.COM(“WEBSITE”). THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES (see Section 11) AND LIMITATIONS OF LIABILITIES (see Section 12).  THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.  PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.


This Website is owned and operated by Bubbly Brands, LLC, a Florida company. Bubbly Brands offers this Website, including all information, tools and services available from this Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

THIS IS A BINDING AGREEMENT.  THESE TERMS OF USE AND TERMS & CONDITIONS OF SALE (“TERMS”) TOGETHER WITH OUR PRIVACY POLICY FORM A LEGALLY BINDING AGREEMENT (“AGREEMENT”) BETWEEN YOU (“YOU” OR “CUSTOMER”) AND BUBBLY BRANDS, LLC ( “WE,” “OUR,” OR “BUBBLY BRANDS”) AND SHOULD BE READ CAREFULLY.  THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THIS WEBSITE, ANY ORDER YOU PLACE THROUGH THIS WEBSITE, BY TELEPHONE, OR OTHER ACCEPTED METHOD OF PURCHASE AND, AS APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OFFERED ON OR AVAILABLE THROUGH THIS WEBSITE.

THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 13 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 13 BELOW WHICH ALSO DESCRIBES YOUR RIGHT TO OPT-OUT.

YOU CONSENT TO THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT IN FULL IF YOU ACCESS, USE, OR PLACE AN ORDER OVER THIS WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, OUR PRIVACY POLICY, OR ANY OTHER POSTED OR HYPERLINKED POLICIES, THEN DO NOT ACCESS, USE OR PLACE AN ORDER OVER THE WEBSITE.  These Terms apply to all users of the WEBsite, including, without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Bubbly Brands reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. You can find the most recent version of these Terms at https://bubblybelle.com/pages/terms-and-conditions.  Use of the Website after such changes constitutes acceptance of such changes.  Any new features or tools which are added to the current Website shall also be subject to the Terms.


Table of Contents:

  1. Website Use
  2. Website User Conduct and Restrictions
  3. General Conditions
  4. Our Privacy Policy and Your Personal Information
  5. Order Placement and Acceptance
  6. Shipping
  7. Accuracy of Billing and Account Information
  8. ALL SALES FINAL; RETURNS LIMITED TO PRODUCT DAMAGED DURING SHIPPING
  9. Products and Prices Available on the Website
  10. NO MEDICAL DIAGNOSIS OR TREATMENT
  11. DISCLAIMERS OF WARRANTIES
  12. BUBBLY BRANDS’ LIMITATION OF LIABILITY
  13. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
  14. Bubbly Brands’ Remedies
  15. Communicating with Bubbly Brands
  16. Notice and Takedown Procedures; Copyright Agent
  17. Optional Tools
  18. Third-Party Links
  19. User Content, Feedback and Other Submissions
  20. Indemnification
  21. Severability
  22. Termination
  23. Entire Agreement
  24. No Waiver
  25. Governing Law
  26. Force Majeure
  27. Electronic Signature
  28. Changes to the Agreement
  29. Contact Information






SECTION 1 – WEBSITE USE


This Website is intended for adults only.  In order to use the Website, you must be 18 years of age or the legal age of majority in your state or province of primary residence, whichever is greater, and also have the legal capacity to enter into a contract with us.  The Website is not intended for children and no person under the age of 18 may use the Website.  If you use the Website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.


SECTION 2 – WEBSITE USER CONDUCT AND RESTRICTIONS

Subject to your continued strict compliance with all Terms, Bubbly Brands provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicenseable, non-transferrable license to use the Website.  Notwithstanding the foregoing license grant, you hereby acknowledge and agree that:  (i) the content, layout, formatting, and features of, and access privileges for, the Website shall be determined by Bubbly Brands in its sole and absolute discretion; (ii) Bubbly Brands has the right to control and direct the means, manner, and method by which the Website is provided; (iii) Bubbly Brands may, from time to time, engage independent contractors, consultants or subcontractors to aid Bubbly Brands in providing the Website or use thereof; and (iv) Bubbly Brands has the right to provide the Website to others.  Bubbly Brands or its licensors, as applicable, shall, at all times, retain exclusive ownership of the entirety of the Website and its content.  You agree that Bubbly Brands may, in its sole discretion, and at any time, revise, terminate or suspend its operation of the Website or your use of the Website, without prior notice to you, for any reason.

Your use of the Website for any illegal or unauthorized purpose is expressly prohibited. You represent and agree to provide true, accurate and complete information about yourself. You must not violate or infringe any of our intellectual property including, but not limited to, copyrights, trademarks, service marks, trade dress, trade secrets, or patents.

As a user of the Website, you agree that in connection with your use of the Website and the content You will not: (a) Upload, post, email, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of anyone’s privacy, hateful, or racially, ethnically, or otherwise objectionable; (b) Conduct yourself in an inappropriate, offensive, indecent, or vulgar manner while using the Website; (c) Use the Website for any unlawful purpose; (d) Upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); (e) Upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party; (f) Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “Spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (g) Upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (h) Interfere with or disrupt the Website, the services, the content, or the servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website, the services, and/or the content, the terms of which are incorporated herein; and/or (i) Intentionally or unintentionally violate any applicable local, state, national, or international law. Without the prior express written authorization of Bubbly Brands, you may not: (a) Duplicate the Website; (b) Create derivative works based on the Website or any of our intellectual property; (c) Remove any copyright or other proprietary notices from the Website or any of the intellectual property contained thereon; (d) Frame or utilize any framing techniques in connection with the Website or any intellectual property; (e) Use any meta-tags or any other “hidden text” using the Website’s name or marks; (f) “Deep-link” to any page of the Website; (g) Circumvent any encryption or other security tools used anywhere on the Website (including the theft of user names and passwords or using another person’s user name and password in order to gain access to a restricted area of the Website); (h) Use any data mining, bots, or similar data gathering and extraction tools on the Website; (i) Use any device, software or routine to bypass any operational element or to interfere, or attempt to interfere, with the proper working of the Website, server, or activities conducted therein; or, (j) Take any action that imposes an unreasonable or disproportionately large load on the Website or its network infrastructure.

SECTION 3 - GENERAL CONDITIONS


Our online store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products to you.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.


The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 4 – OUR PRIVACY POLICY AND YOUR PERSONAL INFORMATION


We respect your privacy and the use and protection of your non-public, personal information. Your submission of personal information through the Website and online store is governed by our Privacy Policy. Please review our Privacy Policy, located at https://bubblybelle.com/pages/privacy-policy for important information and disclosures relating to the collection and use of your personal information in connection with your use of the Website and purchase of our products.  Our privacy policy is incorporated into this Agreement by reference.

SECTION 5 – ORDER PLACEMENT AND ACCEPTANCE

You agree that any products you purchase from Bubbly Brands and/or our Website will be used for your personal, non-commercial use. You agree that you will not re-sell, re-distribute, or export any product that you order from the Website.

If you order a product, payment must be received by Bubbly Brands before your order is accepted.  Bubbly Brands may require additional information regarding your order if any required information was missing or inaccurate, and may cancel or limit an order any time after it has been placed.

Your order is conditioned on you accepting this Agreement.  Once we receive your authorized order and a verified form of payment has been received, we will promptly place your order in line for shipment or delivery.  All items are subject to availability.  We will notify you if any item is not available, the expected availability date, and may offer you an alternative product.  If the availability of any product is delayed and you do not wish to substitute the product, upon your request, we will cancel your order and if previously charged, your credit card will be fully refunded for that specific order.

Bubbly Brands does not accept orders from dealers, wholesalers, or customers who are resellers or who intend to resell items offered on the Website.  If Bubbly Brands discovers that you are placing orders with the intent to resell items offered on the Website, we will immediately cancel your order, suspend or terminate your account, and, at our option, pursue any and all available legal remedies from you under applicable law.  To the extent your conduct may be fraudulent, such as attempting to purchase or purchasing products through the use of fake or stolen cards, Bubbly Brands will report you to federal, state, and/or local enforcement authorities and take any additional legal action deemed appropriate by Bubbly Brands.

We reserve the right to limit the sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole and exclusive discretion.

 

SECTION 7 – SHIPPING

Unless otherwise stated on the Website at the time of purchase, Bubbly Brands reserves the right to add applicable shipping and handling fees to your order.  Unless otherwise stated, Bubbly Brands will use commercially reasonable efforts to fulfill your order within a reasonable time after receipt of your properly completed and verified order.  Although Bubbly Brands may provide delivery or shipment timeframes or dates, such dates are good-faith estimates and are subject to change.  You further understand that product availability may be limited and particular products or services may not be available for immediate delivery.  If your order will be delayed, Bubbly Brands will contact you at the e-mail or street address you provided when placing your order.  If Bubbly Brands is unable to contact you or you would like to cancel your order, Bubbly Brands will cancel the order and refund the full amount charged.  Bubbly Brands shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery caused by any third party carrier or other delivery service not owned or controlled by Bubbly Brands.  The risk of loss and title for such items pass to you upon our delivery to any third party carrier.

SECTION 8 - ACCURACY OF BILLING AND ACCOUNT INFORMATION


You agree to provide current, complete and accurate purchase and account information for all purchases made on our Website and online store. By placing an order, you represent and warrant that you will only provide payment information which is yours or information you are authorized to use and provide to us for purposes of placing an order.  Bubbly Brands reserves the right to cancel any order or to suspend or terminate your account if we have grounds to believe that you have provided inaccurate, not current, fraudulent, or incomplete payment information to Bubbly Brands, or for any other reason that we, in our sole discretion, believe appropriate.  You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 9 – ALL SALES FINAL; RETURNS LIMITED TO PRODUCT DAMAGED DURING SHIPPING

Because of the nature of our products, ALL SALES ARE FINAL AND NON-REFUNDABLE.  However, we may replace product that is damaged during shipping.  Photos or videos of the product from you upon arrival can help us with our determination.  In the event that we determine, in our sole discretion, that your product was damaged during shipping, we will replace it solely with the bath bomb product you purchased but with NO ring.  In no case will any ring be replaced by Bubbly Brands, regardless of whether a product is determined to have been damaged during shipping.  All returns require a valid receipt or proof of purchase in order to be accepted.

To request a return or ask questions about the return process, please e-mail us at support@bubblybelle.com or call one of our customer care professionals at support@bubblybelle.com.  In the event that a return is authorized, you will be required to pay for shipping.  Please allow at least thirty (30) days to complete the return process.


SECTION 10 - PRODUCTS AND PRICES AVAILABLE ON THE WEBSITE


Bubbly Brands reserves the right, without notice, to discontinue products or modify specifications and prices on products without incurring any obligation to you.  Bubbly Brands takes reasonable steps in an effort to insure that the prices set forth on the Website are correct, and to accurately describe and display the items and the colors and images of our products that are available on the Website.  However, we cannot guarantee that your computer monitor’s display of any color will be accurate.  When ordering products, please note that Bubbly Brands does not warrant that product descriptions are accurate, complete, current, or error-free.  We reserve the right to modify the contents of this Website at any time or to modify or discontinue service over the Website. You agree that it is your responsibility to monitor changes to our Website.  We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of access to the Website.  Bubbly Brands’ descriptions of, or references to, products or services not owned by Bubbly Brands are not intended to imply endorsement of that product, or constitute a warranty by Bubbly Brands unless expressly stated on the Website.  


SECTION 11 - NO MEDICAL DIAGNOSIS OR TREATMENT

BUBBLY BRANDS is committed to improving YOUR BATHING EXPERIENCE. You understand, however, that our Products have not been evaluated by MEDICAL PROFESSIONALS, and Our Products AND the information on the Website are not intended to diagnose, treat, cure or prevent any SKIN DISORDERS, health problems, illnesses, or disease. The information on this Website or PROVIDED TO YOU in emails is designed for informational purposes only and is not intended to be a substitute for informed medical advice or care. You further understand that our Products are not intended for use by persons under 18 years of age and that the Products are not to be used to treat any type of DERMATOLOGICAL OR medical condition. You agree that You either have consulted, or will consult, with a physician or doctor before using any of Our Products, particularly if You suffer from any medical condition including, but not limited to, ANY SKIN RASHES OR OTHER DERMATOLOGICAL DISORDERS, HIGH OR LOW BLOOD PRESSURE, BLOOD CIRCULATION PROBLEMS, strokes, heart, liver, kidney or thyroid disease, diabetes, anemia, depression, anxiety, other psychiatric conditions, a family history of these or other medical conditions, or if taking any prescription, Over-The-Counter, HERBAL and/or other medications, and You agree that you will cease immediately from using Our Products if You experience any ill effects or unintended side effects of any Product. BUBBLY BRANDS endeavors to provide You with accurate information about Our Products. You understand and agree that the information BUBBLY BRANDS conveys about oUr Products and/or the efficacy of Our Products, is obtained from independent third parties such as news agencies, scientific reports, and scientific / research entities. BUBBLY BRANDS does not warrant or represent that such information is error-free, and BUBBLY BRANDS does not represent or endorse any Third Parties or the methods that they use to arrive at their conclusions. All Product specifications, performance data, and other information on the Website is for informational and illustrative purposes only, and do not constitute a guarantee or representation that the Products will conform to such specifications or performance data. BUBBLY BRANDS does not warrant or represent that Our Products will provide You with any particular benefits, or that Your results will match those of others who USE Our Products. Individual results will vary from person to person, and are dependent on factors including age, weight, body chemistry, diet, and exercise regimen.

The representations and product disclaimers described above are inapplicable where prohibited by law, including in New Jersey.

SECTION 12 - DISCLAIMERS OF WARRANTIES

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, INCLUDING THE STATE OF NEW JERSEY:

THE WEBSITE AND THE MATERIALS AND PRODUCTS CONTAINED AND OFFERED ON THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BUBBLY BRANDS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE AND PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  BUBBLY BRANDS DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET ANY REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.  BUBBLY BRANDS MAKES NO, AND EXPRESSLY DISCLAIMS, ALL WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY LIVE CHAT OR STATIC OR DYNAMIC CONTENT.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED BY YOU THROUGH USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.  YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BUBBLY BRANDS OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

SECTION 13 – BUBBLY BRANDS’ LIMITATION OF LIABILITY

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, INCLUDING THE STATE OF NEW JERSEY, IN NO EVENT SHALL BUBBLY BRANDS OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE PRODUCTS, OR YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY PRODUCT, REGARDLESS OF WHETHER BUBBLY BRANDS HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES.  THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.

IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, BUBBLY BRANDS IS FOUND LIABLE UNDER ANY THEORY, BUBBLY BRANDS’ LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO USD $500.00. This limitation of liability shall apply for all CLAIMS, regardless of whether BUBBLY BRANDS was aware of or advised in advance of the possibility of damages or such CLAIMS. Some STATES do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to You AND YOU MAY HAVE ADDITIONAL RIGHTS. Notwithstanding anything in these terms to the contrary, this limitation of liability does not apply TO CONSUMERS in New Jersey.

SECTION 14 – DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS.  EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION.  YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY.  THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST.

YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.  YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

  1. General

Arbitration is a manner of resolving a “Claim” without filing a lawsuit.  “Claim” means any dispute between you, Bubbly Brands, or any involved third party relating to your account, your use of the Website, your relationship with Bubbly Brands, these Terms, or the Privacy Policy.  This includes any and all claims that relate in any way to your use or attempted use of the products, and any act or omission by Bubbly Brands or any third party related to your use or attempted use of the products.  You, Bubbly Brands, or any involved third party may pursue a Claim.  Bubbly Brands agrees to final and binding confidential arbitration should it have any Claims against you.  Likewise, you agree to final and binding confidential arbitration should you have any Claims against Bubbly Brands.  By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to final and binding confidential arbitration.  This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.

  1. Exceptions

Notwithstanding the foregoing, and as an exception to final and binding confidential arbitration, you and Bubbly Brands both retain the right to pursue, in small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court’s jurisdiction.  Bubbly Brands will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is and remains pending in that court.  The following claims shall not be subject to final and binding arbitration and must be adjudicated only in the state or federal courts located in Miami, Florida: (i) any dispute, controversy, or claim relating to the infringement or validity of our proprietary rights, including without limitation, trademarks, service marks, trade dress, copyrights, trade secrets, or patents; or (ii) an action by Bubbly Brands for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief, against you for breach or threatened breach of this Agreement.  You expressly agree to refrain from bringing or joining any claims that are excluded from final and binding arbitration pursuant to this subsection “b” in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.  Small claims matters may be filed in any small claims court with personal and subject matter jurisdiction over the parties.  For all other matters excluded from final and binding arbitration by this subsection “b,” the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Miami, Florida, and forever waive any challenge to said courts’ jurisdiction and venue.

  1. Required Pre-Dispute Procedures

We acknowledge and agree that before initiating any Claim against the other, we agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with us by U.S. Mail to 382 NE 191st St #67959 Miami, Florida 33179-3899.  Bubbly Brands will contact you by letter at the billing address you provided to us or at the email address you provided to us.  You agree to negotiate with Bubbly Brands or its designated representative in good faith about your problem or dispute.  If for some reason the dispute is not resolved within 60 days after receipt of the written dispute, we agree to the dispute resolution provisions below.

  1. Commencing Arbitration

You and Bubbly Brands agree to commence any arbitration proceeding within 1 year after the Claim arises (the 1 year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after 1 year shall be forever barred.

  1. Arbitration Location

For your convenience, the arbitration may be conducted in the federal district where you reside.  It may be held by telephone or through written submissions if both you and Bubbly Brands agree.

  1. Organization, Rules and the Arbitrator

We each agree that any and all Claims other than those exempted under subsection “b” above shall be submitted to final and binding confidential arbitration before a single arbitrator of the American Arbitration Association (“AAA”). Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party, within the time period set forth in subsection “d” above. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA.  The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration.

The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Policy, and this arbitration provision.  The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Bubbly Brands.

  1. Fees

For your convenience, Bubbly Brands will pay all of the filing costs for the arbitration, including the fees charged by the arbitrator.  The parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.

  1. Governing Law and Award

The arbitrator shall follow the substantive law of the State of Florida without regard to its conflicts of laws principles and may order any relief if permitted by law.  The arbitrator may award any form of individual relief, including permanent injunctions and punitive damages, so long as they are in accordance with applicable law and not otherwise excluded by these Terms.  The arbitrator may award costs or fees to a prevailing party, but only if the law expressly allows it.  Nothing herein shall be construed to limit the arbitrator’s ability to award remedies provided by applicable law.  Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA.  Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

  1. Enforceability

This provision survives termination of your account or relationship with Bubbly Brands, bankruptcy, assignment, or transfer.  If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply.  If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.

  1. Miscellaneous

Failure or any delay in enforcing this arbitration provision in connection with any particular Claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims except all Claims must be brought within the 1 year limitation period set forth above. This provision is the entire arbitration agreement between you and Bubbly Brands and shall not be modified except in writing by Bubbly Brands.

  1. Amendments

Bubbly Brands reserves the right to amend this arbitration provision at any time.  Your continued use of the Website, purchase of a product on or through the Website, or use or attempted use of a Bubbly Brands product, is affirmation of your consent to such changes.  Should the changes to this arbitration provision be material, Bubbly Brands will provide you notice and an opportunity to opt-out.  Your continued use of the Website, purchase of a product on or through the Website, or use or attempted use of a Bubbly Brands product, is affirmation of your consent to such material changes.

YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION.

You have THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN thirty (30) days from the date that you PURCHASE, USE, OR ATTEMPT TO USE A PRODUCT PURCHASED ON OR THROUGH THIS WEBSITE (WHICHEVER COMES FIRST) BY WRITING TO BUBBLY BRANDS AT 382 NE 191st STREET #67959 MIAMI, FLORIDA 33179-3899. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PUCRHASED, USED OR ATTMPETED TO USE THE PRODUCT.  If more than thirty (30) days have passed, you are not eligible to opt out of THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.

SECTION 15 - BUBBLY BRANDS’ REMEDIES

In order to prevent or limit irreparable injury to Bubbly Brands, in the event of any breach or threatened breach by you of the provisions of the parties’ Agreement, Bubbly Brands shall be entitled to seek an injunction or other equitable relief restraining such breach.  Nothing in this Agreement shall be construed as prohibiting Bubbly Brands from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from you.

SECTION 16 - COMMUNICATING WITH BUBBLY BRANDS

You understand that all telephone calls, live chats and other communications such as personal messaging or social media posts to or from Bubbly Brands may be monitored and recorded and you consent to such monitoring and recording.

You verify that any contact information provided to Bubbly Brands is true and accurate.  You further verify that you are the account subscriber or that you own or are an authorized user of any telephone numbers, email addresses, etc. that you provide to Bubbly Brands and that by voluntarily providing your contact information to Bubbly Brands, you agree to be contacted at the telephone numbers or at any other contact method you provide.

You consent to receive e-mails, pre-recorded voice messages or autodialed calls (including text messages) to the phone number(s) provided by you at the time of purchase (including any cell phone numbers) by or on behalf of Bubbly Brands relating to this Agreement, any purchase or transaction with Bubbly Brands, your account (including debt collection), promotions regarding and advertisements for Bubbly Brands products, customer satisfaction surveys, and product inquiries.  You agree to receipt of such communications made by or on behalf of Bubbly Brands even if your phone number is registered on a state or federal Do Not Call list. You acknowledge that you may incur a charge for these communications by your telephone or internet carrier and that Bubbly Brands will not be responsible for these charges.  Your consent to this communications provision is not required to make any purchase with Bubbly Brands.

You agree to provide Bubbly Brands notice within 30 days of any change to your contact information by e-mailing to Bubbly Brands at support@bubblybelle.com or writing to 382 NE 191st St #67959 Miami, Florida 33179-3899.

SECTION 17 - NOTICE AND TAKE-DOWN PROCEDURES; COPYRIGHT AGENT

If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you can submit a Notice of Claimed Infringement to Bubbly Brands by providing the following information:

  1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
  2. Identification or description of the copyrighted work or other intellectual property that you claim has been infringed. If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, trademark or patent);
  3. Identification or description of where the material that you claim is infringing is located on the Website, with enough detail that Bubbly Brands may find it on the Website;
  4. Your address, telephone number, and email address;
  5. A statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright owner or intellectual property owner, its agent, or the law; and
  6. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner.

Our agent designated to receive claims of copyright or other intellectual property infringement may be contacted as follows:

Bubbly Brands

Attn: Legal

382 NE 191st St #67959

Miami, Florida 33179-3899


SECTION 18 - OPTIONAL TOOLS


We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.


You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.


Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).


SECTION 19 - THIRD-PARTY LINKS


Certain content, products and services available via our Website may include materials from third-parties.


Third-party links on this Website may direct you to third-party websites over which we have no control.  These links are provided for the user’s convenience and should not be viewed to be an endorsement by Bubbly Brands of that third party’s site’s content, product or services.  Bubbly Brands has not reviewed these websites and is not responsible for the accuracy, content, privacy policies or availability of information found on any website that links to or from any Bubbly Brands’ Website.  You acknowledge that Bubbly Brands is not responsible for examining or evaluating the content or accuracy of any third-party websites, and that Bubbly Brands does not warrant nor have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.


We are not liable, directly or indirectly, for any harm, loss or damages caused or alleged to be caused by the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.  Please review carefully the third-party’s terms and conditions, policies and practices and make sure you understand them before you engage in any transaction. In the event you decide to access or use any of these other websites or resources, you agree you do so at your own risk.  Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.


SECTION 20 - USER CONTENT, FEEDBACK AND OTHER SUBMISSIONS


If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “content”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any content that you forward to us. We are and shall be under no obligation (1) to maintain any content in confidence; (2) to pay compensation for any content; or (3) to respond to any content.

By posting or submitting your content you grant Bubbly Brands a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable and transferable right to use, reproduce, modify, adapt, publish, translate, perform, create derivative works from, distribute, and display such content, and the name submitted in connection with such content, throughout the world in any media now known or hereafter conceived.  Bubbly Brands is free to use any ideas, concepts or know-how contained in your content for any purpose whatsoever including, but not limited to, developing, manufacturing, distributing and marketing products that use such information.


We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.


You represent and agree that your content will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your content will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any content. You are solely responsible for any content you submit and its accuracy. We expressly disclaim responsibility and liability for any content posted by you or any third-party.


SECTION 21 - INDEMNIFICATION


To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Bubbly Brands and all of its officers, directors, employees, agents, contractors, licensors, service providers, subcontractors, suppliers, parent companies, subsidiaries, and affiliates from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to reasonable attorneys’ fees and costs of litigation, resulting from or in any way connected with or related to (1) your use, misuse or inability to use the Website, (2) information you submit or transmit through the Website; or (3) your breach of these Terms, the documents they incorporate by reference, or the Agreement, or your violation of any law or the rights of a third-party.


SECTION 22 – SEVERABILITY

If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.

SECTION 23 – TERMINATION


This Agreement will take effect (or shall re-take effect) at the time you click “COMPLETE ORDER,” ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE” or similar links or buttons, otherwise submit information through the Website, respond to a request for information, complete a purchase, select a method of payment, enter in payment method information, and/or begin installing, accessing, or using this Website, whichever is earliest.  


If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement, we may terminate the Agreement or suspend your access to the Website at any time without notice to you and you will remain liable for all amounts due up to and including the date of termination or suspension.  You further agree that Bubbly Brands shall not be liable to you or to any third party for the consequences of such termination or suspension.  Your rights under this Agreement will terminate automatically if you fail to comply with this Agreement, subject to the survival of rights of certain provisions identified below.  Termination will be effective without notice.  Upon termination, you must promptly destroy all copies of any aspect of the Website in your possession.  Sections 10 through 15 and 17 through 27 of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with Bubbly Brands.


SECTION 24 - ENTIRE AGREEMENT


These Terms, the Agreement, and any policies or operating rules posted by us on this Website or in respect to the Website constitutes the entire agreement and understanding between you and Bubbly Brands and governs your access and use of the Website and your ordering, purchasing and use and/or attempted use of any product, and supersedes and replaces any prior or contemporaneous agreements, representations, communications and proposals, whether oral or written, between you and Bubbly Brands.

We may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall also be subject to these Terms, the Agreement, and any policies or operating rules posted by us on this Website.


Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.

SECTION 25 – NO WAIVER

No failure or delay on the part of Bubbly Brands in exercising any right, power or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power or remedy under this Agreement.  A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by Bubbly Brands.

SECTION 26 - GOVERNING LAW


This Agreement and any issue or dispute arising out of or otherwise related to this Agreement or with your access or use of the our Website, our Privacy Policy, or any matter concerning Bubbly Brands, including purchase and use or attempted use of any product, shall be governed exclusively by the laws of the State of Florida, excluding its conflict of law provisions.  


SECTION 27 – FORCE MAJEURE

Bubbly Brands shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay Bubbly Brands’ performance.

SECTION 28 - ELECTRONIC SIGNATURE

All information communicated on the Website is considered an electronic communication.  When you communicate with any Bubbly Brands company through or on the Website or via other forms of electronic media, such as e-mail, you are communicating with the company electronically.  You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

You further acknowledge and agree that by clicking on a button labeled “COMPLETE ORDER,” “ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE” or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract.  You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement.  Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE.  Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

SECTION 29 - CHANGES TO THE AGREEMENT


You can review the most current version of the Terms at any time at https://bubblybelle.com/pages/terms-and-conditions.


We reserve the right, at our sole discretion, to update, change or replace any part of the Agreement by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our Website following the posting of any changes to the Agreement constitutes acceptance of those changes.  Unless accepted by Bubbly Brands in writing, these terms and conditions may not be amended by you.

SECTION 30 - CONTACT INFORMATION


If you have any questions, please e-mail us at support@bubblybelle.com.